Opinion

Fenton v. Young Chevrolet Co.

191 Okla. 161
127 P.2d 813
1942 OK 262
1942 Okla. LEXIS 357

Court: Supreme Court of Oklahoma
Filed: Jun 30, 1942
Status: Published
Author: Corn
On the bench: Osborn, Riley, Bayless, Gibson, Davison, Welch, Corn, Hurst, Arnold
Cited by: 5 cases

The opinion

CORN, V. C. J.

(dissenting). I am of the opinion that a replevin action brought for possession of chattels given to secure payment of a note is an attempt to collect the note, and House Bill No. 606 of the Seventeenth Legislature should be complied with. It is the means the state has adopted to compel persons holding debts to give in and pay taxes upon them. I feel it is the duty of the courts to enforce the act as a condition precedent.

The majority opinion makes it possible for the holder of the note to make collection thereof, without having to comply with said act.

I therefore dissent.

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